Elections and Government Services Administrative Rules of Montana Business Services Notary and Certification Records and Information Management

2012 Proposed Ballot Issues

A citizen proposed ballot issue can only appear on the 2012 general election ballot once the proposed language has fulfilled three requirements. First, the language must be submitted to Montana’s Legislative Services Division. Second, the Montana Attorney General must conduct a legal review. Finally, after the review process is complete, and the sponsor has been notified by the Secretary of State of the approval or rejection of the ballot issue, the sponsor must collect sufficient verified signatures from qualified voters in Montana.

Initiative or referendum for the ballot - Signatures must be obtained from 5 percent of the total number of qualified voters in Montana, including 5 percent of the voters in each of 34 legislative house districts (a total of 24,337 signatures for the 2012 ballot).

Constitutional amendment by initiative - Signatures must be obtained from 10 percent of the total number of qualified voters in Montana, including 10 percent of the voters in each of 40 legislative house districts (a total of 48,674 signatures for the 2012 ballot).

If you observe and have concerns about questionable signature gathering, you may file a complaint with the Secretary of State, who will forward each complaint to the appropriate county official. See signature gathering information at http://sos.mt.gov/Elections/Ballot_Issues/index.asp.

 

The following proposals for ballot issues for the November 6, 2012, general election were submitted to the Secretary of State’s office but will not appear on the 2012 general election ballot:

Decertified by Court Order

LR-119 ( SB 268 ) (Status current as of 10/24/2014)
Subject: Referendum to require supreme court justices to be elected or appointed from districts with approximately equal populations .
Type: Legislative Referendum
Status: Decertified pursuant to Montana District Court Order dated March 20, 2012.

LR-123 ( SB 426 ) (Status current as of 10/24/2014)
Subject: Referendum to contingently provide taxpayers refunds of surplus state government general fund balance through an income tax credit based upon property and individual income taxes paid.
Type: Legislative Referendum
Status: Decertified pursuant to Montana District Court Order dated June 5, 2012.

 

Insufficient Signatures as of Final July 20 Deadline

The deadline for final submission by the counties of verified petition signatures was July 20, 2012.

Ballot Issue #1 CI-107 (Status current as of 10/24/2014)
Subject: Amend the Montana Constitution to allow a person accused of a crime to argue to the jury the merits of the law.
Sponsor: Roger Roots
Type: Constitutional amendment by initiative
Received by SOS: March 25, 2011
Status: Insufficient signatures filed by the deadline. Petition was approved for signature gathering beginning not earlier than June 22, 2011.
Signatures received and tallied by SOS: 309 of 48,674 total signatures needed; qualified in 0 of 40 legislative districts needed.

Ballot Issue #4 IR-125 (Status current as of 10/24/2014)
Subject: Refer HB 198 to the voters of Montana
Sponsor: Kate Ord, Concerned Citizens Montana
Type: Initiative Referendum
Received by SOS: May 18, 2011
Status: Insufficient signatures filed by the deadline. Petition was approved for signature gathering on July 12, 2011.
Total signatures received and tallied by SOS (final):
5% qualification to appear on the 2012 ballot: 8,937 of 24,337 total signatures needed; qualified in 9 of 34 legislative districts needed.
15% qualification to appear on the 2012 ballot and to suspend the law: Qualified in 0 of 51 legislative districts needed (need 15% in each of at least 51 legislative districts).

Ballot Issue #6 CI-108 (Status current as of 10/24/2014)
Subject: Amend the Montana Constitution’s due process section to define “person” to include all human beings, at every stage of development, including fertilization and conception.
Sponsor: Dr. Annie Bukacek
Type: Constitutional amendment by Initiative
Received by SOS: July 14, 2011
Status: Insufficient signatures filed by the deadline. Petition was approved for signature gathering as of August 4, 2011.

Signatures received and tallied by SOS: 23,570 of 48,674 total signatures needed; qualified in 12 of 40 legislative districts needed.

Ballot Issue #7 CI-109 (Status current as of 10/24/2014)
Subject: Reserve to the people the power to amend or repeal laws passed by initiative.
Sponsor: Michelle Hutsell, Montana Coalition for Rights
Type: Constitutional amendment by initiative
Received by SOS: September 2, 2011
Next Step: Insufficient signatures filed by the deadline. Petition was approved for signature gathering as of October 18, 2011.

Signatures received and tallied by SOS: 652 of 48,674 total signatures needed; qualified in 0 of 40 legislative districts needed.

Ballot Issue #8 CI-110 (Status current as of 10/24/2014)
Subject: Establish a right for adults to marijuana subject to reasonable state law limitations.
Sponsor: Barb Trego
Type: Constitutional amendment by initiative
Received by SOS: October 14, 2011
Status: Insufficient signatures filed by the deadline. Petition was approved for signature gathering as of December 28, 2011.

Signatures received and tallied by SOS: 17,910 of 48,674 total signatures needed; qualified in 5 of 40 legislative districts needed.

Withdrawn

Ballot Issue #2 (Status current as of 10/24/2014)
Subject: Amend the Montana Constitution’s due process section to define “person” to include every human being at any stage of development, including fertilization or conception.
Sponsor: Dr. Annie Bukacek
Type: Constitutional amendment by initiative
Received by SOS: May 2, 2011
Status: Withdrawn by Sponsor. Resubmitted as Ballot Issue #6.

Did Not Complete Review Process

Ballot Issue #5 (Status current as of 10/24/2014)
Subject: Secure the rights of adults regarding alcohol and marijuana.
Sponsor: Barb Trego
Type: Constitutional amendment by Initiative
Received by SOS: July 11, 2011
Status:  Attorney General determined that the proposed ballot issue was not legally sufficient.

Ballot Issue #9: (Status current as of 10/24/2014)
Subject: Create a flat-transaction tax.
Sponsor: Toby McAdam
Type: Constitutional amendment by Initiative
Received by SOS: October 31, 2011
Status: 
Sponsor did not respond to Legislative Services.